medical marijuana bust

[medicalmarijuan]

What is the name of your state? Nevada

I am a medical marijuana patient. Also keep in mind, nevada has no cultivating laws [so its legal for anyone] I was growing, with guns of my own for protection, as im disabled, Im more of a risk then any others. Well right when my plants were done.. This kid exits my house [stealing my gun], takes the phone off the hook, shoots it out front, lets a friend in my house so the heat is off him. I see his friend in my house with a gun , i yelled and he put the phone back on the hook and left, taking nothing but my legal gun... so i call the cops on shots fired, and home invasion, they come in and see my plants. i goto jail for poss w/ intent. but the cops dont write anything down about the stolen gun or home invasion, so i file for it after i get out of jail. n then my charges are pending. 2 months go by, I drop the charges on the kid and the d.a. drops the charges on me. so now im at ground zero with all this evidence locked up, and the arresting officer wont sign off, even tho the d.a. denied the charges,, she says they r gonna open case back up n persue me which is bs, who should i contact to make sure my charges are dropped, and how do i go about sueing the arresting officer?

 

[rmet4nzkx]

What is the name of your state? Nevada

I am a medical marijuana patient. Also keep in mind, nevada has no cultivating laws [so its legal for anyone] I was growing, with guns of my own for protection, as im disabled, Im more of a risk then any others. Well right when my plants were done.. This kid exits my house [stealing my gun], takes the phone off the hook, shoots it out front, lets a friend in my house so the heat is off him. I see his friend in my house with a gun , i yelled and he put the phone back on the hook and left, taking nothing but my legal gun... so i call the cops on shots fired, and home invasion, they come in and see my plants. i goto jail for poss w/ intent. but the cops dont write anything down about the stolen gun or home invasion, so i file for it after i get out of jail. n then my charges are pending. 2 months go by, I drop the charges on the kid and the d.a. drops the charges on me. so now im at ground zero with all this evidence locked up, and the arresting officer wont sign off, even tho the d.a. denied the charges,, she says they r gonna open case back up n persue me which is bs, who should i contact to make sure my charges are dropped, and how do i go about sueing the arresting officer?

Here is a summary of medical MJ laws for Nevada:

http://www.hightimes.com/ht/news/content.php?bid=49&aid=24
Nevada: Patients need a written document from a physician. Lists various permitted illnesses, with others subject to state approval.
The legal limit is 1 ounce of usable marijuana and seven marijuana plants. Sets up a state-run ID card program. Patients who do not join the registry or who possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity," if they are arrested.''


That being the case, are you qualified as a medical Marijuana patient?
How much "evidence" was taken?
You came to an agreement with the DA to drop the charges, did that include the return of evidence?
Please provide the facts in order to advise.

 

[medicalmarijuan]

reply

That being the case, are you qualified as a medical Marijuana patient?
How much "evidence" was taken?
You came to an agreement with the DA to drop the charges, did that include the return of evidence?
Please provide the facts in order to advise.

Yes Im qualified, and had a card at time or arrest.

evidence was 41 plants, all my growing equipment, guns, money, scale, and all my paraphaniella.

now I made no agreement with the da, I called the court house for my court date it was pending for 2 months, then a day after i dropped charges on the kid i called the justice court again and they said d.a. denied the charges.

im thinkin maybe the kid was an informant or sometin because the police didnt write anything down about the stolen gun after i told them, how often do cops let people home invade and steal guns and not report it?

 

[seniorjudge]

That being the case, are you qualified as a medical Marijuana patient?
How much "evidence" was taken?
You came to an agreement with the DA to drop the charges, did that include the return of evidence?
Please provide the facts in order to advise.

Yes Im qualified, and had a card at time or arrest.

evidence was 41 plants, all my growing equipment, guns, money, scale, and all my paraphaniella.

now I made no agreement with the da, I called the court house for my court date it was pending for 2 months, then a day after i dropped charges on the kid i called the justice court again and they said d.a. denied the charges.

im thinkin maybe the kid was an informant or sometin because the police didnt write anything down about the stolen gun after i told them, how often do cops let people home invade and steal guns and not report it?

They may keep the evidence; you can ask for it back though. Just because the prosecutor didn't charge you doesn't mean that no crime was not committed.

 

[medicalmarijuan]

reply

I did ask for the evidence back, and they said no, well if my charges are denied, dont they havta give it back? my cash aint illegal, growing equipment isnt illegal, scales arent illegal, paraphaniela isnt illegal for me with a mm card [i hope] so shouldnt i atleast be entitled to that stuff back?

and since d.a. denied charges, anyway to make sure [i got a written piece of paper from criminal records] stating it was denied,.. can they still re-charge me?

 

[seniorjudge]

I did ask for the evidence back, and they said no, well if my charges are denied, dont they havta give it back? my cash aint illegal, growing equipment isnt illegal, scales arent illegal, paraphaniela isnt illegal for me with a mm card [i hope] so shouldnt i atleast be entitled to that stuff back?

and since d.a. denied charges, anyway to make sure [i got a written piece of paper from criminal records] stating it was denied,.. can they still re-charge me?

No one has to give you anything back.

It is still evidence in a crime.

You can be charged again.

 

[medicalmarijuan]

sucks

Damn that sucks, if my charges went from pending to dropped, if they can re-charge me then whats the piont of my charges being denied [dropped] ?

 

[medicalmarijuan]

info

and heres some info that alot of people might not know, even the detectives didnt know.

Jackson said that while the Nevada Legislature was rewriting Nevada's drug laws in 1999 to crack down on methamphetamine production, it mistakenly left out wording that makes marijuana cultivation illegal.

therefor its legal, and cannot bust me until i cultivate then they can get me on possesion mistameanor thats it.

 

[rmet4nzkx]

The point you are missing is that under NV law, you are allowed, The legal limit is 1 ounce of usable marijuana and seven marijuana plants. 41 plants exceeds that 6 times and puts you into a different classification. The other evidence indicates your intent to do other than grow marijuana for your own personal medical use. No they don't have to return your "evidence" and yes they can charge you at a later time. They can take all your guns.

 

[medicalmarijuan]

.

its been like 4 to 5 months now, undercover asked me online if i distribute or know anyone who distributes marijuana, stoners dont use the word distribute, that proves they can only get me on possesion, which is a mistameanor, u think after 5 months they might try to refile for it ..? d.a. should denie it again they cant get no new evidence on me, i dont even smoke no more as i get horrid flash backs.